Delaware Ordinances (2026)

Delaware Code Title 11 Section 1325 criminalizes cruel neglect, including unsanitary confinement and conditions that injure animal health, providing the statewide hook prosecutors use to charge animal hoarding cases.

Delaware Code Title 3 Chapter 75 requires every beekeeper to annually register all colonies and apiary locations with the Department of Agriculture and authorizes the State Apiarist to inspect and quarantine hives statewide.

Delaware Code Title 16 Subchapter V prohibits classifying any dog as dangerous or potentially dangerous based solely on its breed or perceived breed, effectively preventing breed-specific legislation across the state.

Delaware Code Title 16 Section 3048F prohibits dogs from running at large statewide and requires owners to physically restrain dogs with a leash whenever they are off the owner's property.

Delaware Code Title 3 Chapter 72 prohibits importing, possessing, selling, or exhibiting any live wild mammal, hybrid, or non-native reptile without first obtaining a permit from the Delaware Department of Agriculture.

Under the Delaware Marijuana Control Act (HB 1, 2023), home cultivation of cannabis remains illegal statewide for both recreational and medical users. The prohibition is uniform; municipalities cannot authorize home grows.

Delaware State Parks operate under uniform statewide hours set by DNREC's Division of Parks and Recreation, typically open from 8:00 a.m. to sunset. Remaining in a state park after posted closing hours is prohibited and enforceable as a violation.

Delaware Code Title 11, Section 1334(e) preempts all local commercial drone regulation. FAA Part 107 commercial operators are exempt from state restrictions on critical infrastructure and event overflight when authorized by the FAA.

Delaware Code Title 11, Section 1334(e) explicitly preempts all local drone regulation. Only the state may prohibit, restrict, or regulate operation of unmanned aircraft systems. Bethany Beach is the sole grandfathered exception.

Delaware sets a uniform statewide minimum wage under 19 Del.C. 902 and preempts local governments from establishing higher municipal minimum wages, with the rate scheduled to reach fifteen dollars by 2025.

Delaware administers paid family and medical leave under 19 Del.C. Chapter 37, with contributions starting in 2025 and benefits beginning in 2026, preempting most local paid leave mandates.

Delaware has no statewide predictive scheduling law, and local governments lack independent authority to mandate advance work schedules under the labor preemption framework of 19 Del.C. 902.

The 1971 Delaware Coastal Zone Act (7 Del.C. Chapter 70) prohibits new heavy industry within the designated coastal zone and requires a state Coastal Zone Permit from DNREC for manufacturing, heavy industry, and bulk product transfer activities. Local governments cannot authorize prohibited uses.

Delaware Code Title 7, Chapter 40 mandates statewide erosion and sediment control standards for any land disturbance, with the binding 2023 Delaware Erosion and Sediment Control Handbook setting uniform technical specifications enforceable by DNREC and delegated conservation districts.

Delaware Code Title 7, Chapter 41 directs DNREC to set minimum floodplain management standards, and all NFIP-participating communities must adopt ordinances meeting federal and state minimums. Local rules below state floor are invalid statewide.

Delaware Code Title 7, Chapter 40 establishes a uniform statewide sediment and stormwater management program administered by DNREC. All land-disturbing activities of 5,000 square feet or more require approved erosion and sediment plans regardless of which municipality issues the building permit.

Delaware adopts the International Swimming Pool and Spa Code statewide through the State Fire Prevention Regulations, requiring four-foot barriers, self-closing self-latching gates, and approved alarms on residential pools and hot tubs containing more than 24 inches of water.

Delaware prohibits sale, possession, and use of consumer fireworks except limited sparkling devices and novelties on specific holidays. The State Fire Marshal preempts local fireworks regulation, with exceptions only for licensed public displays under permit.

Delaware DNREC regulates open burning under 7 DE Admin. Code 1113. Burning of household waste, leaves, and yard debris is generally prohibited statewide. Limited exemptions exist for recreational fires, agricultural burning, and emergency burns with notification.

Delaware adopts NFPA 58 (Liquefied Petroleum Gas Code) statewide through the State Fire Prevention Regulations. Tank setbacks, container sizing, and installation rules apply uniformly, with the Office of the State Fire Marshal as enforcement authority.

Delaware issues concealed deadly weapon licenses through the Prothonotary under 11 Del.C. 1441, requiring background checks, character references, and a published notice of intent before issuance.

Delaware preempts local firearms regulation under 22 Del.C. 111, reserving most firearm laws to the state legislature with limited municipal exceptions for police, parks, and public buildings.

Delaware generally permits open carry of firearms by individuals 18 or older without a permit, subject to location restrictions in schools, courthouses, and certain state buildings.

Delaware treats a loaded handgun in the passenger compartment of a vehicle as a concealed deadly weapon under 11 Del.C. 1442, requiring a Concealed Deadly Weapon License unless the firearm is unloaded and stored properly.

Delaware regulates home-based cottage food production through a uniform statewide Cottage Food Establishment registration administered by the Division of Public Health. The program preempts inconsistent local food licensing for non-potentially hazardous baked goods, jams, jellies, and similar items.

Delaware Code Title 31, Sections 341-345 (the Delaware Child Care Act) and Title 14 require state licensing of all family and large family child care homes through the Office of Child Care Licensing. Standards apply uniformly statewide regardless of municipality.

Delaware does not require private employers to use the federal E-Verify system, and the state has not enacted a universal employment verification mandate beyond federal Form I-9 obligations.

Delaware has no statewide statute mandating or prohibiting sanctuary policies, leaving cooperation with federal immigration authorities to local police and county discretion within general law enforcement statutes.

Delaware's Department of Natural Resources and Environmental Control (DNREC) may declare drought emergencies imposing mandatory water-use restrictions that apply uniformly across the state, including bans or limits on outdoor irrigation, lawn watering, and non-essential uses.

Aircraft operations and noise standards in Delaware are governed by federal law under the FAA, which preempts state and municipal regulation of flight paths, altitudes, and in-air noise levels, leaving Delaware airports limited ground-based authority only.

Delaware Title 9 authorizes county dog control officers to address persistent barking as a public nuisance, while Title 16 health code allows state intervention when animal noise creates an unsanitary or disruptive condition affecting neighbors statewide.

Delaware Code Title 21, Chapter 44 sets statewide procedures for declaring, posting, towing, and disposing of abandoned vehicles on public and private property. State Police, county police, and municipal police follow identical statutory steps regardless of jurisdiction.

Delaware Code Title 22, Section 119 requires every municipality with population over 30,000 to adopt a permitting procedure for residential curbside EV charging stations. The state mandates reasonable restrictions only and prohibits effectively banning installation.

Delaware's Landlord-Tenant Code applies uniformly to most residential rentals statewide, specifying permitted grounds for eviction, required notice periods, and court procedures. Local governments cannot reduce or expand these statewide tenant protections in most contexts.

Delaware preserves agricultural land through 3 Del.C. Chapter 9 Agricultural Lands Preservation, restricting nonfarm zoning encroachments and supporting county agricultural districts statewide.

Delaware shields agricultural operations from nuisance lawsuits under 3 Del.C. 1401, protecting farms operating consistently with generally accepted agricultural practices for at least one year.

Delaware imposes a statewide 8% public accommodations tax on short-term rentals of fewer than 120 days. Hosts and platforms must register with the Division of Revenue and remit lodging tax monthly, regardless of local municipal rental rules.

Delaware protects political speech through the First Amendment but prohibits all signs, including political ones, within state highway rights-of-way under DelDOT regulations. Title 17 governs outdoor advertising and applies uniformly statewide regardless of municipal preference.

Delaware bans single-use plastic carryout bags at large retailers under 7 Del.C. 6097, effective January 2021, with paper or reusable bag alternatives required statewide.

Delaware restricts polystyrene foam foodservice containers and plastic stirrers under 16 Del.C. 134B, banning expanded polystyrene cups and clamshells statewide as of July 2025 phase-in.

Delaware does not prohibit plastic straws statewide, but House Bill 21 and related legislation encourage upon-request distribution by food establishments under voluntary and DNREC guidance.

Delaware Code Title 25 Section 318 voids deed restrictions and HOA covenants that prohibit or unreasonably restrict roof-mounted solar systems and limits ground-mount restrictions, providing statewide solar access protection.

Delaware's Home Solicitation Sales Act (6 Del. C. Chapter 44) gives consumers a three-business-day right to cancel any door-to-door sale over $25. Sellers must provide written cancellation notice in the contract, and violations void the agreement.

Delaware prohibits tobacco and vapor product sales to anyone under 21 under 30 Del.C. 5341 and 11 Del.C. 1116, aligning with federal Tobacco 21 requirements statewide.

Delaware has not enacted a statewide flavored tobacco ban, but follows federal restrictions on cartridge-based flavored e-cigarettes and prohibits sales to anyone under 21 under 30 Del.C. 5341.

Delaware regulates vapor product retailers under 30 Del.C. Chapter 53, requiring tobacco retailer licenses, tax remittance on vapor products, and compliance with age verification rules statewide.

Delaware bans certain bulky and hazardous items from landfills under DNREC regulations and Delaware Solid Waste Authority rules. Tires, electronics, appliances with refrigerants, lead-acid batteries, and yard waste require special handling at designated drop-off sites.

The Delaware Universal Recycling Law (7 Del. C. Chapter 60G) requires single-stream recycling collection for all residences, multifamily properties, and commercial establishments statewide. Waste haulers must offer recycling, and yard waste is banned from disposal in landfills.